>> sean, my mom loves you. >> i love your mom. start your day with "fox & friends" each weekday morning. see you back here tomorrow night. >> merry crimp. -- christmas. we're tired of footing the bill. so sorry, politicians. our health care is not a game.

>> is that your ad? >> it is. we're trying to let people know that obama care is a disaster. but they're finding out on their own. they're seeing the prices, how expensive it is and they're choosing to opt out of this big intrusive health care plan that's not right for them. >> why do you care? >> i care because my generation is not doing so well. we're being asked to pay three time as much. >> do you want no health care for young people? do you think there is anything wrong, before obama care, did you think the health care system needed reform? >> young people can find health care right now in the private market. 96% of uninsured young people do not have a chronic condition. it is not hard for them to buy a really inexpensive health care plan. obama care makes it way more expensive and they're paying huge deductibles. 51% of young people rightly know

that obama care will increase their cost. 10% believe it will lower their health care costs. >> do you not like the provision where it says until the age of 26, you can stay on your parents? >> so many of their parents are getting kicked off. it is not cool or right to turn your 20s into your adolescence. and they can't find a job. they're stuck depending on mom and dad. >> i don't think it is that helpful. a lot of the parents don't have insurance and they're stuck being depend yenlt on mom and dad. >> let me ask but the generation opportunity. what is that? >> generation opportunity is an organization that advocates for young people. we're trying to get young people involved in the political process and fighting for their economic freedom and their

future against politicians and big government that is often stealing economic freedom. >> where do you get the money? that looks like an expensive ad. >> we've got a variety of donors and we're focused on working with people across the country who care deeply. we see these ads are creative opportunities with some very inexpensively reached millions of young people. the difference between what we're doing and what the tens of millions of dollars in pax pair money is trying to accomplish is they're trying to use psas and opportunities to reach young people. we've got creative ads by young people and for young people. >> where do you place your ads?

>> all on youtube. these are all just web videos that have gone viral because of the creative content. any idea how many hits we've had in. >> on that operation ad, since thursday when it went live. they've had over two and a half to three million views. so all told we put out five videos and 5 million people watch those videos and learned they had the opportunity to opt out of obama care and take a better deal for themselves. >> do you have health insurance? >> do i. >> is it an individual or through an organization in. >> i have insurance through my employer. >> not my parents. >> and your employer, would that be generation opportunity? >> generation opportunity. we're able to offer health care to our employees. it is getting more and more expensive every year. it went up by a multiple this

year because of all the provisions of obama care health care so much more expensive in this country. so it is getting harder and harder for to us offer tower employees. >> how many do you have? >> we've got five videos online. >> if you go to youtube, you put in generation opportunity. >> they can follow us at jen opportunity on twitter or follow us on facebook. we continue to push out more and more fun content. >> how many following out twitter? >> just under 10,000 now and we've got well over 2 million that follow us on facebook. >> nice to see you. i'll go check out this other video. thank you. >> now to president obama's promise that if you like your doctor, you can keep your doctor. now, we know that is not true. but that is not stopping heated debate. >> what they said was if you like your doctor, you can keep your doctor, your insurance policy and it was a lie. >> the president never said you

would have unlimit choice of any doctor in the country. >> if you like your doctor, you will be able to keep your doctor. >> if you want to pay more for an insurance company that covers your doctor, you can do that. >> obama lied. he said if you like your doctor and your plan, you can keep it. period. >> it was deliberate. they knew if they had told the truth, it would ever 97 passed. >> good evening, sir. >> good evening. what do you think about his statements to my colleague chris wallace? >> it's funny. they keep sending these people out to shill for this really bad law. i feel sorry for them. the mythology they're trying to create is very different from the reality that most people are experiencing. when you say you can keep your doctor if you're willing to pay more, that is a very different statement than you can keep your doctor, period. >> actually, i thought when i heard. that i could not decide if i thought that was arrogant or if he thought we americans were some sort of social experiment

in a petrie dish them didn't understand that the american people for the most part, having to pay more means a lot. maybe not to the people who make more money but to a lot of people. i was surprised. >> when you get outside the washington bubble, i was reading today some of the e-mails and letters that have come into our office. these are incredibly real and profound impacts on people's lives. we had a couple that single in, they said their premiums were going bip $400 a month. and the deductible has gone up by $4,000. we had a couple looking to buy a home or get a bigger home and their insurance premiums went up by 232%. >> what i find even worse is the arrogance of, that's not what we really said. if you want to keep your doctor, just pay more. there's no sense of empathy to say, i get it. we're trying to fix it or i'm

sorry it happen. i wish i had told it to you straight. i don't get that. oh, well, just pay more. >> you would think these people would be more empathetic to how this impacts middle class americans. it really does hit the middle class the hardest. the people on the lower income scale will get some help from the subsidies. people on the upper end can afford it. if you look at what it is doing to middle class americans, the president tried to blame somebody else. he said this isn't about his manage many style. he said it is an indictment of passions are outdated and not designed. >> it is groups like this young man. they said they're out the discourage people from doing it. >> the thing is, he essentially said that big government was the problem with all this. and yet he is trying to dramatically expand the sides ever size of got have to with this. it is a government takeover, 1/6 of the economy. the real life implications of this for most people are,

canceled coverages, sticker shock in the form higher premiums and dramatically higher deductibles and tax increases that will lead to higher cost for other things. >> you bring up when he spoke, that the republicans didn't have any alternatives. and frankly, that was just false. he may not like the ideas. maybe they were bad. there were alternatives out there. he just says that. and he cannot possibly believe that. he may not like them. they may be bad ideas but that's a lie. >> well, i don't think they're bad ideas. that's the arrogance. if he doesn't like it, he dismisses it. >> and i think that at least in their world, there is one way to do this and only one way to do. this it is obama care. and it is a failed system built upon a faulty foundation. and now we're seeing the real life impacts of that. there are republican ideas that are out there. we have a lot of members who would love to have the opportunity to debate those if

we could get that chance. it means the president will have to acknowledge this isn't working and get back to the drawing board. we would be more than willing to enter into that discussion to address what we can do about the high cost health care. for most people, that's what it comes down to themselves cannot pay the rental, they can't faye mortgage they don't even acknowledge. if you send your loonlts out here to say on television, you like your doctor, you keep him, you just pay more. they so don't get it. that to me is appalling. they decided to do this on a strictly partisan basis without input from republicans and they passed a law that i think in their word, in their theoretical world, was the solution that they thought would solve this. >> but let me go back to my original thesis. the arrogance. in a democracy, to have new

ideas, exchange ideas. if they don't understand what most american people are going through, like $100 more in a premium to a lot of families makes a difference. >> and they ought to read the e-mails and the phone calls coming in. these are real life examples. these impacts on people's lives are profound. people are making hard choices about whether to spend money on much higher premiums, much higher deductibles or whether or not they can guy bigger home for their family or put money aside for their kids' education. >> nice to sigh. >> that rollout was sure ugly. and now they are giving it a machinei makeover. the latest on that is coming up.

or being just plain stupid or maybe even a up the of both. here's a fact. cures for cancer or other grave illnesses are not developed at our community hospitals. cures that change and save lives come out of giant research centers. chemotherapy? that was not discovered at the local community hospital. how about some of those incredible surgical medical robots? now according to the financial times under obama care, cancer research has grants like md anderson in houston, cedars-sinai in los angeles, sloan kettering in new york city, they're all getting the boot from insurance networks which means patients can't go there because their insurers won't pay. the insurers don't want to pay for that high quality medical care and research. they want to do it on the cheap. so how are these giant research centers going to survive? to afford funding the research to maybe cure your disease or extent your life or maybe even save it. we used to reach for the moon. literally. and we took great pride in our

incredible research and what it could do and how it could save lives. now obama care and the insurance industry. one other thing. do not think for one second my criticism of obama care means i do not want access to medical care for everyone who needs it. i do. but i want smart ideas. not those bad ones that hurt us. if you have an important story or issue you think i should take off the record, tell us about it. and big news for holiday shoppers. sort of. you can finally go window shopping on health care.gov. it is part of a mini makeover of a botched website. does it fix anything? elise, nice to see you. what is this makeover the website is getting? >> the obama administration expanded the am of information people can access to health care.gov without having to create an account. it hats created a bottleneck for

so many people. now you can see provider networks for the first time, out of pocket prices for the first time and they're seeing it as a boone. >> before they had this. i know that there was a the love criticism. you had to put your name in. give your social security number, date of birth. how much more information do you have to give in. >> plenty. your date of birth, every member of your family, their dates of birth, their social security numbers, your address, maybe some previous addresses if you moved recently. a lot of information people had to provide to even start the shopping process. what they're creating opportunities to look for information. people are liking it. >> i can look at the different plans, i can see the prices, what they offer before i have to give one lick of information. >> that's right. we're talking so much about the president's promise that you can keep your doctor and those provider networks are key. you need to know whether the same doctor you had on your

previous insurance policy that might have been canceled will be on the new one and i think that's the information people want. >> what part that he said sunday on fox news, you can keep your doctor if you're willing to pay more. can you figure that out? >> it's tough. a lot of people will be looking at those to see if they have a local hospital that they're going to be able to easily access. we know insurance companies are limiting these providers networks. >> cedars-sinai, md anderson, sloan kettering. that's what may off the record was about. >> people are concerned when they sign up for man's, whether it is because of obama care or not, they will have coverage that doesn't allow them to access providers. this is a huge part for rural americans themselves don't have a lot of rural providers to begin with. >> why did not they let you know? >> originally that was the man. on october 1st when health care.gov debuted, this would be part of what consumers could

access. in the weeks leading up to that, things were so chaotic they said we need to scale back. we're going on make the basic system work. of course it did not. but now they're rolling it out saying it is a boone to consumers. it eliminates the bottleneck. >> have they figured out yet how to faye insurance company? >> no. that system is still in progress. >> it is not billed. it wasn't supposed to be ready until this month but they are worried it won't be ready until jab. >> and a violent attack caught on camera. is it the latest knockout game assault? you watch it and tell us. more on the disturbing knockout trend next.

1234679 the video quality is fairly poor. a man appears to be walking down street minding his business when he is followed by at least three or four other young men. when he is about to cross the street. a guy just swings as hard as he can and strikes him in the head from behind. and he falls in the street. then you see two other men

apparently from the group or around the group come up to them. but you can't really tell what they're doing. you don't know if they're punching them, kicking them or trying to help them but it doesn't look good. >> is there any way to sort of authentic indicate this video? this security video? where did this come from? >> it was first posted on this website called wisconsin free.com. i don't know a lot about it. i'm trying to get it, get everything confirmed on this. but it doesn't look fake. from the looks of it. it is an incident that occurred that we had another apparent attack left three miles from this same area on the same day. >> have any arrests been made? or was the victim given any medical care? >> no. it appears if you look at the

video, the victim was not knocked down. he got up and continue to cross the street. so we really don't know a whole lot about it other than that. >> are the police taking this seriously? is it possible? or do they think it is a random act of violence? >> i think what the milwaukee police do. they don't have a knockout category. they don't have a category called a knockout game. what they classified these incidents as battery. battery incidents. that's how they were investigating the incidents to the fullest extent. they take these very seriously. >> if you learn something, give us a call. >> i will. thanks. coming up, senator ted cruise cruz releasing the president of what? find out next. you can hash it out with us. what do you think?

the winter storm is pummeling a chunk of the nation. snow and ice, 1,600 flights canceled. yesterday it paralyzed parts of the nation. in the northeast, snow piling up from washington to philadelphia to new jersey. and in new york, icy roads costing a 24-car pileup. and not over. only the a repeat expected. more snow and ice are on the way to many of the same places. and now to air force one on its way to south africa. on board president and mrs. obama, form he president mrs. george w. bush, hillary clinton. they will attend a memorial service for nelson mandela. during the flight the obamas were in the president's cabin. the bushes in the medical office and second clinton in the senior staff cabin. president bush spent 90 minutes in the press cabin. former presidents jimmy carter

and bill clinton are traveling there separately. american airlines and u.s. airways completing the merger. they now rank as the world's largest airline. the american airlines name will live on. the u.s. airways name will disappear. they survived a challenge from the government and merger groups. and detroit, you are no longer an owner. the u.s. government selling all its remaining shares. the government lost $10.5 billion. that's tonight's speed read. today, senator ted cruz releasing the report calling tim plemtation of obama care lawless and abusive. is president obama violating the constitution? good evening, sir. >> hi, greta, nice to be with you. do you agree or disagree with senator cruz and why? >> his point is that the way the president is implementing obama care looks a lot more like rewriting the law, rather than

executing it. the constitution requires the president to take care that the laws be faithfully executed and in many ways, what president obama is doing looks a lot more like the rewriting of the statue. >> when do you think that's happening? what is the test? >> i'm sorry? >> when do you know that's happening? what is the test? >> the take care clause gives the president a wide discretion. but i think it is safe to say that the president has crossed the line in a few cases with regard to obama care. for example, the president chose to unilaterally suspend the employer mandate for an entire year. the statute is crystal clear about the date when the employer mandates are supposed to begin and the president on his own motion said i'm going to wait an extra year. now he has wide discretion buzz he does not have discretion to entirely suspend a law wholesale. that's what he has done here.

>> exempt that he didn't throw it out completely. he just put on it pause for a year. is that an argument in favor of the president? >> that's exactly what english kings used to do. suspend laws temporarily. they used to claim the power of suspension. and our framers made a different choices. they said our executive would be obliged to take care that the laws be faithfully executed. this was quite a different choice. and here the president is opting to suspend a part of the law for an entire year. for really policy reasons or more cynically, political reasons. >> what should the president have done? let's say the policy reasons, they couldn't implement one part of it. what should the president have done? in your view. should he have gone back to congress for permission? >> absolutely. if it is really impossible for the president to execute the law as written, she seek an amendment from congress.

now interestingly, the house of recommendives actually pass ad bill that would have done what the president wanted. it would have suspended this provision of obama care for exactly the one year that the president wanted and far from welcoming that, the president actually threatened to veto that statute. so oddly, the president insises on doing this unilaterally rather than involving congress and the necessary fix. >> i take that it the no harm, no foul on that particular thing since congress had wanted him to do that. the fact that he does it a different method doesn't protect it constitutionally? >> no. the formalities matter. the president's obligation is to take care that the laws as written by congress are faithfully executed. makes all the difference in the world whether congress changes its statute and whether the president decides on his own motion that he is going to make the change. >> and the remedy is what to sort of check -- let's say the

president is dead wrong in doing these things. what is the remedy? >> it is hard to say. there have been various court cases and there are other court cases that are possible. they have certain challenges associated with those cases. there might be issues of standing and so forth. congress has a lot of tools at its disposal to retaliate if a president seem to be behaving lawlessly. they can withhold funding from his favored programs or hold up his nomination. things like this. but congress has some remedy at its disposal. when a president really seems to be acting lawlessly, at the end of the day, the real remedy is elections. and the people really should pay attention to whether their elected officials are scrupul s scrupulously adhering to the constitution. >> is there a comparison to what some other president did in recent history that we can compare this to? >> well, no, i think this is

quite different. so president bush did occasionally claim the power not to execute certain laws because he believed that those laws were unconstitutional. that's quite a different matter. here president obama is declining to execute statutes without any claim that they're unconstitutional. president obama does not believe obama care is unconstitutional. he believes it is fantastic. he thinks as a matter of policy and politics it serves his purposes to defer parts of it for a year and to interpret it in ways the text won't allow. so it might superficially look a bit like what president obama did but it is quite different. there is no constitutional rationale for it. >> thank you as always. >> happy to be with you. >> no doubt about it, the obama care rollout is a giant what do the big problems with the law say about big government?

dana perino was press second for george w. bush. nice to he su. >> thank you for having me. so big government was supposed to solve the problems with health care and a lot of people are enormously unhappy with it. is this a bigger signal about big government? >> i think if you stay involve in politics long enough, you live to see the cycles of liberalism is dead. conservatism is up. and america is still struggling arrest all these decades of our great american experiment. just how much of a role government should have in individual lives. conservatives should say there should be less. conservatives would say the government should do more. the problem for president obama right now and the left is that in practice, their theory isn't working out so well. so politically they have a problem. and because of the way we communicate now, sharing information on all sorts of ways, opinions change very quickly and that's why i think

you've seen the poll numbers and that of other democrats declining so rapidly. are they in a freefall? not necessarily. the republicans will have to say why they think government doing less would be better for people. that's also hard to do in practice. when do you take things away from people and what are those things going to be? >> interesting. you have the power and the authority. big government thinking it can make decisions for you. but separate from thattish issue of bloat. efficiency and all the wasted money. why not? >> interesting. over the week you saw george will, i think on fox news sunday yesterday. one of our contributors saying that the protracted education of president obama, how big the government is, and how hard it is to get the government to do something quick and agile is kind of an applausing thing to watch. unfortunately, there are all these casualties along the way.

in the press's defense, or all of us, we need to think about how much we want the government to do. we want to it protect us and provide for free trade and economic freedom. then we have all the other thing. water protection, food protection, investment, going into space or finding new energy. >> if you go back in history, medicare and big programs people really like. >> i'm from wyoming and the west you can find the most conservative ranch here will tell you that he wants less of this and less of that but don't you dare touch his social security or medicare. i don't think that's what conservatives are asking to do. nobody is saying let's get rid of social security and medicare. what they're saying is there are better ways to make the wealthiest pay a little more or that they should receive less benefi benefits. it was an excellent colonel bum

intergenerational warfare between young and the old. he said it is upon us and it will only get worse. this question about how much government can do and the lack of trust in government is going to feed into elections for the next several years. >> as always, thank you. >> okay, everyone. it is time to hash it out. government pat quinn tweeting, join me in congratulating the coach as i have pro claimed today mike ditka day. he made tight end for the chicago bears in 1961 to 1966. and then returned. he rurnld to the team as host from 1982 to 1992. ditka is the 14 and final player to have his number retired by the bears. and these new visitors are not welcome in the big apple. my fox ny tweeting, if cockroaches were not bad enough in the summer, some that survive

in the snow in new york. they are able to survive harsh temperatures and snow. so how does the cockroaches get on new york city? scientists suspect they were burroed in the soil's decorative plants in new york. and the washington time tweeting, air force band puts on flash mob show at smithsonian. 120 musicians taking part in a surprise show at the national air and space museum. a lone cellist kicking it off. the vocalists chiming in from a second floor balcony. and a game day tradition. "sports illustrated" tweeting, no tailgating will be allowed at super bowl xlviii. it will be prohibited at met life stadium in new jersey. fans will be able to have food and drinks inside their cars but cannot take out a grill or lounge chair or do anything to tape more than one parking

space. what do you think about the no tailgating rule? tweet me. and straight ahead, another new problem with obama care. forget about privacy. tens of thousands of you just lost it. it might be you.

a 3-year-old autistic boy will have to give up a pet chicken that he uses for therapy. the city council denied the

request to keep it at their home. the chicken controversy started last year. little jj hart's parents asked local lawmaker for special permission to have chickens them say the birds keep them calm. but a city ordinance bans them. so they had to change the rules for their autistic son. the council agreed to let the chickens in their home for one year and the year is up. the council voted not to give the family an extension them say they belong in agricultural areas. jj's parents say they will keep up their fight now. you be the judge. should the little boy be able to keep his chickens and is the city council just being mean or is a rule a rule? coming up, private information going public. and worse, it might be yours thanks to obama care.

imagine this. you're not sure with a to do

about obama care but you go online to check it out to see the possibilities. without your permission, your name and contact information is handed over to insurance agents. that is what has happened to tens of thousands of people in california. nice to see you, chad. >> thanks for having me. >> what happened? are people in california whose information was handed over, are they upset? >> it has generated a sharp reaction on both sides. wham was the california exchange had tens of thousands of people who had gone on the website and started an application but they never finished. they never picked a health plan or finished signing up. and california was concerned about those people. they wanted to help them out so they decided to hand over those names, the contact info, e-mail addresses, phone number, no other information social security numbers. they handed it over to about

8,000 insurance agents who are certified by the state and said if you're interested, you can contact these people. >> did these people who had their information handed out without their permission and in response to the covered california, the exchange name, did they say they felt in any way helped? >> i think we've seen both sides. some people said yes, i appreciated getting contacted by these insurance agents and i talked to some people today. some people had signed up as a result of this. but as you can understand, some people were very surprised to get these e-mails. to be contacted out of the blue by an insurance agent and wondered, where did you get my information and what else do you have? so many people were upset them fell it was a violation of their privacy. the key thing is they never checked a box they will never asked to be contacted. le of us go online and we give

permission for someone to contact us. these people never asked to be contacted. the exchange said we know a lot of people need help. we were trying to give them stanls. but a lot of people were very upset that they did not ask to be contacted. >> what i found rather appalling, and i read it in your article, is that it was reviewed by the legal council. in my view, what in the world was this lawyer thinking it was okay to give out this information. they actually went to their own lawyer and the lawyer apparently approved of it. >> that's right. the executive director said they vetted it through their legal council. he felt they didn't violate any laws. he did acknowledge that they didn't ask to be contacted but he said it was being helpful. he didn't want anyone falling through the cracks.

>> thank you very much. more obama potholes.

it's time to show you what we're watching. the crowd goes wild at a soccer match in brazil. a little too while. just ten minutes into the game, violence erupting between fans. punching and each other. police send rubber bullets into the crowd. four people ended up in the hospital. and fishermen in australia getting a surprise. an 800-pound surprise. they reeled 92 giant tiger shark. the fishermen released the shark

back boo the water. and two years after making friday the most famous day of the week, releasing a new song and you guessed it, saturday. ♪ >> no word on when sunday will make its debut. coming up, new warnings about obama care. test test

if you thought insurance plans with lower premium wos save you money, think again. sticker shock. nice to see you. >> hi. >> high deductibles does what? >> you get gold, silver and bronze packages. if you go with the bronze it looks really good on paper. it is very cheap for a month but very high deductibles. >> we could be talking $4,000, 5,000 a year. these are people who didn't have health insurance before. these are people thinking i can afford that $50 or $60 a month. but then the services they're paying out of pocket incredible amounts. >> and the $5,000. that can be a game changer. >> we're talking with someone

who make $40,000 a year that's a big chunk when you figure that on top of the money you're paying. so it is a double sticker shock. we've heard a lot about the premium that's are happening on the front end. when you see the prices and you say this is more than i thought i would be getting. this will be hitting next year. it is how the system was designed. you're supposed to have that option. >> the whole point is if you have a high deductible, you won't get health care so now you're paying boo the pot to pay other people so it will discourage you to use the services. it is a good way, i use that lightly. a way to extract money from people who won't be drawing from the system. >> exactly. the way it balances, you expect they will use less service that's the they feel they're paying more. there's a lot of health care that is preventive health. and you should not be in the position of not seeking remedy because you're worried about the

prices. >> well, right. if you had a mysterious lump or something and you might roll the dice because you cannot pay the $5,000 deductible. then you're in a situation a year from now. >> there are caps and new caps and new regulations on how much paw on it of pocket. but a lot of people will be surprised for this supposedly cheap health care plan. >> the lowest deductible is what? >> on the gold plan, it could be very low. thousands, $2,000. very, very low. >> that can be a lot of money to a lot of people. >> nice to see you. >> just a reminder, we never want to you miss one minute of "on the record." don't forget to set up a dvr recording and don't forget on watch tonight. 10:00 p.m. eastern.

alberto. welcome to "red eye." tonight -- >> coming up on "red eye" has scientists developed a taco that can help you live forever? the story the food network refuses to cover. plus, does the white house want to ban movie popcorn in favor of bros sell sprouts? >> this is the principal focus when it comes to the domestic policy of the presidency. it has since he took office and will continue to be when he is in office. >> and the world's largest rocking horse or world's tiniest santa? our panel separates fact from fiction. none of these stories on "red eye" tonight jie. and now let's welcome our guest. her breakfast shake includes a single